Mike Schmitt
@mikeschmitt.bsky.social
Professor of International Law, Reading University
The Justice Department's OLC claims that assisting in war-sustaining activities amounts to direct participation, opening the individuals concerned to attack. It does not, as Charlie Trumbull and I explain
Charlie Trumbull & @mikeschmitt.bsky.social explain why DOJ Office of Legal Counsel’s assertion that civilians can be targeted in armed conflict for "assisting in war-sustaining activities” is erroneous, a dangerous precedent, and not too late to be corrected:
#LOAC #IHL
#LOAC #IHL
OLC Maduro Memo: Assisting War vs Participating in Hostilities
A recent OLC memo on U.S. use of force wrongly expands who can be targeted under the law of armed conflict, undermining civilian protections.
www.justsecurity.org
February 6, 2026 at 2:44 PM
The Justice Department's OLC claims that assisting in war-sustaining activities amounts to direct participation, opening the individuals concerned to attack. It does not, as Charlie Trumbull and I explain
My thoughts on seizing a neutral tanker with law of naval warfare experts, Rob and Conor McLaughlin
Was the Jan. 7 U.S. capture of a Russian-flagged tanker unlawful?
Rob McLaughlin, Conor McLaughlin, and @mikeschmitt.bsky.social say the likely answer is yes, under the law of naval warfare:
www.justsecurity.org/129792/lonw-...
Rob McLaughlin, Conor McLaughlin, and @mikeschmitt.bsky.social say the likely answer is yes, under the law of naval warfare:
www.justsecurity.org/129792/lonw-...
The Law of Naval Warfare and The Case of the Marinera
In‑depth legal examination of the U.S. capture of the Russian‑flagged tanker Marinera and its implications under the law of naval warfare.
www.justsecurity.org
January 29, 2026 at 6:01 PM
My thoughts on seizing a neutral tanker with law of naval warfare experts, Rob and Conor McLaughlin
Thoughts on Maduro's POW status.
Always learn so much from writing with new co-authors, and that was certainly the case with Tracey Begley and @brfarley.bsky.social. Real professionals who embrace teamwork and are a joy to work with. And, as always, thanks to the entire @justsecurity.org team.
Always learn so much from writing with new co-authors, and that was certainly the case with Tracey Begley and @brfarley.bsky.social. Real professionals who embrace teamwork and are a joy to work with. And, as always, thanks to the entire @justsecurity.org team.
During his first court appearance in the United States, Maduro demanded to be afforded POW status. But does he have it? According to Tracey Begley, Benjamin Farley, and @mikeschmitt.bsky.social, he likely does. Read more here:
www.justsecurity.org/129407/presi...
#Maduro #Venezuela #POW #IHL
www.justsecurity.org/129407/presi...
#Maduro #Venezuela #POW #IHL
Is President Maduro a Prisoner of War?
Three theories by which POW status might attach to a person in Maduro’s position, and the consequences of entitlement to that status.
www.justsecurity.org
January 26, 2026 at 5:42 PM
Thoughts on Maduro's POW status.
Always learn so much from writing with new co-authors, and that was certainly the case with Tracey Begley and @brfarley.bsky.social. Real professionals who embrace teamwork and are a joy to work with. And, as always, thanks to the entire @justsecurity.org team.
Always learn so much from writing with new co-authors, and that was certainly the case with Tracey Begley and @brfarley.bsky.social. Real professionals who embrace teamwork and are a joy to work with. And, as always, thanks to the entire @justsecurity.org team.
Reposted by Mike Schmitt
The Carney doctrine
Open comment thread on the PM's Davos speech
paulwells.substack.com
January 20, 2026 at 11:51 PM
Analysis of whether international law would allow the acquisition of Greenland, with the ever-insightful (and joy to work with) @tessbridgeman.bsky.social, Co-Editor-in-Chief of @justsecurity.org.
An expert international law analysis of the insurmountable legal obstacles of any US acquisition of Greenland, from the non-use of force to the right of self-determination.
By @mikeschmitt.bsky.social and @tessbridgeman.bsky.social
www.justsecurity.org/129374/legal...
By @mikeschmitt.bsky.social and @tessbridgeman.bsky.social
www.justsecurity.org/129374/legal...
Legal Obstacles to U.S. Acquisition of Greenland
Any acquisition of Greenland by the United States would directly violate fundamental principles of international law.
www.justsecurity.org
January 22, 2026 at 2:33 PM
Analysis of whether international law would allow the acquisition of Greenland, with the ever-insightful (and joy to work with) @tessbridgeman.bsky.social, Co-Editor-in-Chief of @justsecurity.org.
My latest - using unmarked aircraft to attack an alleged drug boat
Read leading expert @mikeschmitt.bsky.social on whether the Sept. 2 strike on suspected drug traffickers using an unmarked aircraft violated the prohibition on perfidy, or other LOAC rules, had there been an armed conflict:
www.justsecurity.org/129177/unmar...
www.justsecurity.org/129177/unmar...
Unmarked Aircraft to Attack an Alleged Drug Boat: Perfidy?
An analysis of whether the Sept. 2 strike on suspected drug traffickers using an unmarked aircraft violated the prohibition on perfidy.
www.justsecurity.org
January 20, 2026 at 2:27 PM
My latest - using unmarked aircraft to attack an alleged drug boat
Reposted by Mike Schmitt
New post by Professor @mikeschmitt.bsky.social for @justsecurity.org.
Expert backgrounder
What are the obligations of the NATO member States in coming to the assistance of Denmark if the United States uses force against Greenland?
An examination of Article 5 of the Alliance and decision-making process.
By @mikeschmitt.bsky.social
What are the obligations of the NATO member States in coming to the assistance of Denmark if the United States uses force against Greenland?
An examination of Article 5 of the Alliance and decision-making process.
By @mikeschmitt.bsky.social
The North Atlantic Treaty and a U.S. Attack on Denmark
Would NATO have to defend Denmark if the United States attempted to seize Greenland forcibly? An analysis of NATO Article 5 obligations.
www.justsecurity.org
January 15, 2026 at 4:54 PM
New post by Professor @mikeschmitt.bsky.social for @justsecurity.org.
Reposted by Mike Schmitt
Expert backgrounder
What are the obligations of the NATO member States in coming to the assistance of Denmark if the United States uses force against Greenland?
An examination of Article 5 of the Alliance and decision-making process.
By @mikeschmitt.bsky.social
What are the obligations of the NATO member States in coming to the assistance of Denmark if the United States uses force against Greenland?
An examination of Article 5 of the Alliance and decision-making process.
By @mikeschmitt.bsky.social
The North Atlantic Treaty and a U.S. Attack on Denmark
Would NATO have to defend Denmark if the United States attempted to seize Greenland forcibly? An analysis of NATO Article 5 obligations.
www.justsecurity.org
January 13, 2026 at 2:02 PM
Expert backgrounder
What are the obligations of the NATO member States in coming to the assistance of Denmark if the United States uses force against Greenland?
An examination of Article 5 of the Alliance and decision-making process.
By @mikeschmitt.bsky.social
What are the obligations of the NATO member States in coming to the assistance of Denmark if the United States uses force against Greenland?
An examination of Article 5 of the Alliance and decision-making process.
By @mikeschmitt.bsky.social
My thoughts on whether NATO Allies would be obligated to come to Denmark's assistance if (I can't believe I am saying this) the United States were to attack. Answer: Yes.
Expert backgrounder
What are the obligations of the NATO member States in coming to the assistance of Denmark if the United States uses force against Greenland?
An examination of Article 5 of the Alliance and decision-making process.
By @mikeschmitt.bsky.social
What are the obligations of the NATO member States in coming to the assistance of Denmark if the United States uses force against Greenland?
An examination of Article 5 of the Alliance and decision-making process.
By @mikeschmitt.bsky.social
The North Atlantic Treaty and a U.S. Attack on Denmark
Would NATO have to defend Denmark if the United States attempted to seize Greenland forcibly? An analysis of NATO Article 5 obligations.
www.justsecurity.org
January 13, 2026 at 3:20 PM
My thoughts on whether NATO Allies would be obligated to come to Denmark's assistance if (I can't believe I am saying this) the United States were to attack. Answer: Yes.
An update to the Venezuela Q&A with @tessbridgeman.bsky.social and @rgoodlaw.bsky.social, who always have something significant and insightful to say.
Our Q&A (with the great @mikeschmitt.bsky.social and @rgoodlaw.bsky.social) is now updated to include the US military actions against Venezuela and seizure of Maduro:
www.justsecurity.org/126156/faq-v...
www.justsecurity.org/126156/faq-v...
Expert Q&A on U.S. Military Actions on Venezuela and Boat Strikes
Expert FAQ on the U.S. military operations against Venezuela, high seas boat strikes, seizure of vessels and more.
www.justsecurity.org
January 6, 2026 at 11:39 PM
An update to the Venezuela Q&A with @tessbridgeman.bsky.social and @rgoodlaw.bsky.social, who always have something significant and insightful to say.
Reposted by Mike Schmitt
My latest with the phenomenal @rgoodlaw.bsky.social and @mikeschmitt.bsky.social:
International Law and the U.S. Military and Law Enforcement Operations in Venezuela
www.justsecurity.org/127981/inter...
International Law and the U.S. Military and Law Enforcement Operations in Venezuela
www.justsecurity.org/127981/inter...
International Law and the U.S. Military and Law Enforcement Operations in Venezuela
Experts survey the international law issues of Operation Absolute Resolve.
www.justsecurity.org
January 5, 2026 at 5:14 AM
My latest with the phenomenal @rgoodlaw.bsky.social and @mikeschmitt.bsky.social:
International Law and the U.S. Military and Law Enforcement Operations in Venezuela
www.justsecurity.org/127981/inter...
International Law and the U.S. Military and Law Enforcement Operations in Venezuela
www.justsecurity.org/127981/inter...
Reposted by Mike Schmitt
I believe folks know the important work we're doing at @justsecurity.org, especially in these challenging times.
But we made this short video as a reminder!
We really need your support this #GivingTuesday.
For tax-deductible gifts: justsecurity.org/donate/
But we made this short video as a reminder!
We really need your support this #GivingTuesday.
For tax-deductible gifts: justsecurity.org/donate/
December 2, 2025 at 1:43 PM
I believe folks know the important work we're doing at @justsecurity.org, especially in these challenging times.
But we made this short video as a reminder!
We really need your support this #GivingTuesday.
For tax-deductible gifts: justsecurity.org/donate/
But we made this short video as a reminder!
We really need your support this #GivingTuesday.
For tax-deductible gifts: justsecurity.org/donate/
My thoughts with Just Security colleagues @rgoodlaw.bsky.social and @tessbridgeman.bsky.social on Saturday's U.S. operations into Venezuela and the international law issues they raised.
International Law and the U.S. Military and Law Enforcement Operations in Venezuela
A survey of the top issues by leading experts, Michael Schmitt, Ryan Goodman and Tess Bridgeman
@mikeschmitt.bsky.social, @rgoodlaw.bsky.social @tessbridgeman.bsky.social
#OperationAbsoluteResolve
A survey of the top issues by leading experts, Michael Schmitt, Ryan Goodman and Tess Bridgeman
@mikeschmitt.bsky.social, @rgoodlaw.bsky.social @tessbridgeman.bsky.social
#OperationAbsoluteResolve
International Law and the U.S. Military and Law Enforcement Operations in Venezuela
Experts survey the international law issues of Operation Absolute Resolve.
www.justsecurity.org
January 4, 2026 at 4:08 PM
My thoughts with Just Security colleagues @rgoodlaw.bsky.social and @tessbridgeman.bsky.social on Saturday's U.S. operations into Venezuela and the international law issues they raised.
Reposted by Mike Schmitt
With President Trump saying U.S. "knocked out ... a big plant, or a big facility, where the ships come from" in Venezuela campaign.
Also told CNN: "It was along the shore."
Excellent expert analysis from October by @mikeschmitt.bsky.social:
Attacking Drug Cartels in the Territory of Another State
Also told CNN: "It was along the shore."
Excellent expert analysis from October by @mikeschmitt.bsky.social:
Attacking Drug Cartels in the Territory of Another State
Attacking Drug Cartels in the Territory of Another State
U.S. lethal operations against suspected cartel-affiliated individuals to date stretch applicable international law beyond recognition.
www.justsecurity.org
December 29, 2025 at 8:44 PM
With President Trump saying U.S. "knocked out ... a big plant, or a big facility, where the ships come from" in Venezuela campaign.
Also told CNN: "It was along the shore."
Excellent expert analysis from October by @mikeschmitt.bsky.social:
Attacking Drug Cartels in the Territory of Another State
Also told CNN: "It was along the shore."
Excellent expert analysis from October by @mikeschmitt.bsky.social:
Attacking Drug Cartels in the Territory of Another State
My analysis of the Syrian strikes against ISIS with Just Security EiC @rgoodlaw.bsky.social
Operation Hawkeye Strike: Attacking ISIS in Syria and International Law
By Michael Schmitt and Ryan Goodman
@mikeschmitt.bsky.social @rgoodlaw.bsky.social
By Michael Schmitt and Ryan Goodman
@mikeschmitt.bsky.social @rgoodlaw.bsky.social
Operation Hawkeye Strike: Attacking ISIS in Syria and International Law
Two experts discuss international law on U.S. military strikes against ISIS in the context of the new Syrian government.
www.justsecurity.org
December 22, 2025 at 3:58 PM
My analysis of the Syrian strikes against ISIS with Just Security EiC @rgoodlaw.bsky.social
My latest - on the Venezuela Blockade. With my friend, Commodore (RAN ret'd) and Professor Rob McLaughlin. With thanks to the ever-professional team at @justsecurity.org
Blockading Venezuela: The International Law Consequences
By top experts Mike Schmitt and Rob McLaughlin
“Execution of the blockade would constitute an act of aggression, which by definition is an unlawful use of force. It would also qualify as an armed attack by the United States on Venezuela.”
By top experts Mike Schmitt and Rob McLaughlin
“Execution of the blockade would constitute an act of aggression, which by definition is an unlawful use of force. It would also qualify as an armed attack by the United States on Venezuela.”
Blockading Venezuela: The International Law Consequences
Expert analysis of the announced U.S. military blockade of Venezuela and international law.
www.justsecurity.org
December 18, 2025 at 8:18 PM
My latest - on the Venezuela Blockade. With my friend, Commodore (RAN ret'd) and Professor Rob McLaughlin. With thanks to the ever-professional team at @justsecurity.org
New piece on the duty to investigate the boat strikes under IHRL and LOAC with my @unirdg-law.bsky.social University of Reading Law School colleague Marko Milanovic.
The 22 boat strikes have triggered an international obligation to investigate potential illegalities.
Michael Schmitt and Marko Milanovic discuss
- legal sources for the obligation to investigate
- criteria for carrying out independent investigation
www.justsecurity.org/127136/inter...
Michael Schmitt and Marko Milanovic discuss
- legal sources for the obligation to investigate
- criteria for carrying out independent investigation
www.justsecurity.org/127136/inter...
The International Law Obligation to Investigate the Boat Strikes
The lethal strikes are unlawful under IHRL and, even on the administration’s own terms, trigger LOAC and DoD duties to investigate.
www.justsecurity.org
December 15, 2025 at 2:49 PM
New piece on the duty to investigate the boat strikes under IHRL and LOAC with my @unirdg-law.bsky.social University of Reading Law School colleague Marko Milanovic.
Greatly expanded Q & A regarding Operation Southern Spear, potential operations against Venezuela, tanker seizures, and more. With @justsecurity.org colleagues @tessbridgeman.bsky.social & @rgoodlaw.bsky.social. Feel free to send more questions via the link at the end of the piece.
Weekend Special - updated with 11 new Q&A (including on seizure of sanctioned vessels) and expanded answer on law of proportionality and boat strikes involving the shipwrecked.
Expert Q&A
By @tessbridgeman.bsky.social, @mikeschmitt.bsky.social, @rgoodlaw.bsky.social
Expert Q&A
By @tessbridgeman.bsky.social, @mikeschmitt.bsky.social, @rgoodlaw.bsky.social
Expert Q&A on Operation Southern Spear and Seizure of Sanctioned Vessels
Expert Q&A on the U.S. lethal strikes against suspected drug trafficking boats on the high seas and more.
www.justsecurity.org
December 13, 2025 at 7:28 PM
Greatly expanded Q & A regarding Operation Southern Spear, potential operations against Venezuela, tanker seizures, and more. With @justsecurity.org colleagues @tessbridgeman.bsky.social & @rgoodlaw.bsky.social. Feel free to send more questions via the link at the end of the piece.
Reposted by Mike Schmitt
Excellent step-by-step analysis of the legal issues in the Trump administration's murderous boat-strike campaign by @tessbridgeman.bsky.social @mikeschmitt.bsky.social & @rgoodlaw.bsky.social in @justsecurity.org--starting with no NIAC and ending with no targets: www.justsecurity.org/126553/opera...
Operation Southern Spear: Why the Crews, Drugs, and Boats are Not Targetable
A deep dive on the international law applicable to the U.S. military's lethal operations against suspected drug boats
www.justsecurity.org
December 9, 2025 at 3:37 PM
Excellent step-by-step analysis of the legal issues in the Trump administration's murderous boat-strike campaign by @tessbridgeman.bsky.social @mikeschmitt.bsky.social & @rgoodlaw.bsky.social in @justsecurity.org--starting with no NIAC and ending with no targets: www.justsecurity.org/126553/opera...
On the international targeting rules governing the campaign against the drug boats. BLUF, there is no international law basis for targeting the boats or the persons and drugs aboard them. With my @justsecurity.org colleagues, Co-Editors-in-Chief @tessbridgeman.bsky.social & @rgoodlaw.bsky.social.
Operation Southern Spear: Why the Crews, Drugs, and Boats are Not Targetable
A deep dive into international law applicable to US lethal operations against suspected drug boats
By Mike Schmitt, Tess Bridgeman, Ryan Goodman
@mikeschmitt.bsky.social @tessbridgeman.bsky.social @rgoodlaw.bsky.social
A deep dive into international law applicable to US lethal operations against suspected drug boats
By Mike Schmitt, Tess Bridgeman, Ryan Goodman
@mikeschmitt.bsky.social @tessbridgeman.bsky.social @rgoodlaw.bsky.social
Operation Southern Spear: Why the Drugs, Boats, and Crews are Not Targetable
A deep dive on the international law applicable to the U.S. military's lethal operations against suspected drug boats
www.justsecurity.org
December 7, 2025 at 3:37 PM
On the international targeting rules governing the campaign against the drug boats. BLUF, there is no international law basis for targeting the boats or the persons and drugs aboard them. With my @justsecurity.org colleagues, Co-Editors-in-Chief @tessbridgeman.bsky.social & @rgoodlaw.bsky.social.
Reposted by Mike Schmitt
Here we go -a few reminders to those covering this:
- These are killings outside of armed conflict
- There is no self-defense justification for the killings
- That makes them extrajudicial killings under int'l law; murder under domestic law
- No label ("narcoterrorist" or "DTO") changes any of that
- These are killings outside of armed conflict
- There is no self-defense justification for the killings
- That makes them extrajudicial killings under int'l law; murder under domestic law
- No label ("narcoterrorist" or "DTO") changes any of that
December 5, 2025 at 1:01 AM
Here we go -a few reminders to those covering this:
- These are killings outside of armed conflict
- There is no self-defense justification for the killings
- That makes them extrajudicial killings under int'l law; murder under domestic law
- No label ("narcoterrorist" or "DTO") changes any of that
- These are killings outside of armed conflict
- There is no self-defense justification for the killings
- That makes them extrajudicial killings under int'l law; murder under domestic law
- No label ("narcoterrorist" or "DTO") changes any of that
Reposted by Mike Schmitt
As with past strikes:
- Carrying drugs, if true, cannot constitute hostilities or an armed attack.
- Killing [likely unknown] people paid to ferry drugs for an undisclosed group we're not at war with is not "combat." It is murder.
Qs that need answering:
www.justsecurity.org/126322/boat-...
- Carrying drugs, if true, cannot constitute hostilities or an armed attack.
- Killing [likely unknown] people paid to ferry drugs for an undisclosed group we're not at war with is not "combat." It is murder.
Qs that need answering:
www.justsecurity.org/126322/boat-...
U.S. Boat Strike Campaign: Questions Congress Should Ask
A list of questions that should be answered by U.S. government officials regarding the lethal campaign against suspected drug traffickers.
www.justsecurity.org
December 5, 2025 at 1:01 AM
As with past strikes:
- Carrying drugs, if true, cannot constitute hostilities or an armed attack.
- Killing [likely unknown] people paid to ferry drugs for an undisclosed group we're not at war with is not "combat." It is murder.
Qs that need answering:
www.justsecurity.org/126322/boat-...
- Carrying drugs, if true, cannot constitute hostilities or an armed attack.
- Killing [likely unknown] people paid to ferry drugs for an undisclosed group we're not at war with is not "combat." It is murder.
Qs that need answering:
www.justsecurity.org/126322/boat-...
Reposted by Mike Schmitt
Pleased to speak with the CBC yesterday about the latest developments in the Trump administration's killing spree at sea and the possibility of a US military intervention in Venezuela.
www.cbc.ca/player/play/...
www.cbc.ca/player/play/...
December 3, 2025 at 12:21 PM
Pleased to speak with the CBC yesterday about the latest developments in the Trump administration's killing spree at sea and the possibility of a US military intervention in Venezuela.
www.cbc.ca/player/play/...
www.cbc.ca/player/play/...
Reposted by Mike Schmitt
. #Proportionality is one of the most widely used concepts in international law. However, its recurrence across different legal regimes should not lead to the mistaken assumption that it carries a single meaning, argues @mikeschmitt.bsky.social. lieber.westpoint.edu/parsing-prop...
In Honor of Françoise Hampson - Parsing Proportionality - Lieber Institute West Point
This post explains how proportionality operates differently in jus ad bellum, LOAC, ICL, IHRL, and law of State responsibility.
lieber.westpoint.edu
November 25, 2025 at 5:18 PM
. #Proportionality is one of the most widely used concepts in international law. However, its recurrence across different legal regimes should not lead to the mistaken assumption that it carries a single meaning, argues @mikeschmitt.bsky.social. lieber.westpoint.edu/parsing-prop...
Reposted by Mike Schmitt
(3/3) With thanks to our authors this week:
Jeremy Chin
Georgio Konstandi
Margaret Lin
Marko Milanovic
@mikeschmitt.bsky.social
@mrazeeq.bsky.social
Naomi Roht-Arriaza
Pavlina Pavlova
@rgoodlaw.bsky.social
@scott-levy.bsky.social
Thomas E. Brzozowski
@tomjoscelyn.bsky.social
Jeremy Chin
Georgio Konstandi
Margaret Lin
Marko Milanovic
@mikeschmitt.bsky.social
@mrazeeq.bsky.social
Naomi Roht-Arriaza
Pavlina Pavlova
@rgoodlaw.bsky.social
@scott-levy.bsky.social
Thomas E. Brzozowski
@tomjoscelyn.bsky.social
November 22, 2025 at 11:58 AM
(3/3) With thanks to our authors this week:
Jeremy Chin
Georgio Konstandi
Margaret Lin
Marko Milanovic
@mikeschmitt.bsky.social
@mrazeeq.bsky.social
Naomi Roht-Arriaza
Pavlina Pavlova
@rgoodlaw.bsky.social
@scott-levy.bsky.social
Thomas E. Brzozowski
@tomjoscelyn.bsky.social
Jeremy Chin
Georgio Konstandi
Margaret Lin
Marko Milanovic
@mikeschmitt.bsky.social
@mrazeeq.bsky.social
Naomi Roht-Arriaza
Pavlina Pavlova
@rgoodlaw.bsky.social
@scott-levy.bsky.social
Thomas E. Brzozowski
@tomjoscelyn.bsky.social